Supreme Court Sides With Respondents in Copyright Case

On May 9, 2024, the Supreme Court sided with the respondents in a 6-3 decision in favor of an amicus brief filed in the case of Warner Chappell Music, Inc. et. al v. Nealy et. al. “The Court held that, assuming the discovery rule applies, there is no separate three-year limit on the damages a copyright plaintiff can recover under the Copyright Act,” said Attorney Nathan E. Denning, from Wiggin and Dana LLP, who filed the brief.

TAA had joined with five other author groups on the amicus brief, which was filed on January 12, 2024 in support of the respondents, and argued whether under the Copyright Act’s statute of limitations rule, and the “discovery accrual rule” plaintiffs in copyright infringement cases “can recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit.”